Yes, believe it or not. That's what's called an actual physical control situation. If you have the ability to drive the vehicle, you can still be arrested for DUI. There's certain factors that the court must look at, typically, whether or not you had your keys, whether or not you were behind the wheel.

I've seen people arrested even when they were sleeping in the back of the car, trying to sleep it off, but if they had their keys on them, they had the ability to actually get into the front seat and turn the car on.

It's very important that you contact your attorney and find out whether or not the state will be able to prove that you are actually driving the vehicle.